Does Wyoming Allow Possession of Marijuana for Personal Use

Unlike the neighboring states of Colorado and Montana, Wyoming has not legalized marijuana for personal use. Penalties for a marijuana conviction in Wyoming can be severe and vary based on the amount of marijuana in your possession. The penalties for possession of marijuana in Wyoming are as follows:

  • Under the Influence - a fine of $750 and up to 6 months in jail.
  • Possession of Less than 3 oz. - $1,000 fine and up to 12 months in jail
  • Possession of More than 3 oz. - Up to five years in prison and a $10,000 fine
  • Possession with Intent to Distribute - Up to ten years in prison and a $10,000 fine

If you were charged with possession of marijuana or another drug crime, you need an experienced criminal defense team on your side. Led by former prosecutor Christina L. Williams, Just Criminal Law will take aggressive action to identify and develop possible defenses and take your case to trial if necessary.

Traveling with Marijuana

Marijuana has become increasingly accessible as more and more states have decriminalized it. Whether intentionally or unintentionally, many people drive into Wyoming in possession of marijuana. While traveling to Wyoming with marijuana may be tempting, it is against the law, and a conviction can carry serious consequences.

Driving Into Wyoming with Marijuana

Wyoming shares a border with Montana, where possession of small amounts of marijuana is legal, and Colorado, which has legalized marijuana for recreational use.

But possession of marijuana is still illegal in Wyoming, as well as in South Dakota and Idaho. The consequences of a conviction can be severe.

Wyoming does not recognize prescriptions for marijuana for medicinal use, and it is illegal to possess even a small amount of marijuana for recreational purposes. In fact, Wyoming law is very clear—anyone who “knowingly or intentionally uses or is under the influence of” marijuana commits a misdemeanor punishable by up to six months in jail and a fine of up to $750.

Air Travel with Marijuana and the TSA

Marijuana remains illegal at the federal level, and each state treats marijuana differently. At the time of this writing, marijuana has been legalized for recreational use in 21 states, 38 states allow possession of marijuana for medical purposes, and 13 states have marijuana legislation on the ballot. Because the laws relating to the possession of marijuana are so different depending on where you are located, the rules for traveling with marijuana are complicated.

US Customs and Border Protection still prohibits the importation of any amount of marijuana. But when traveling with marijuana domestically to states that allow the possession of marijuana, the Transportation Safety Administration (TSA) allows products that contain up to .3% or less of tetrahydrocannabinol, or THC.

According to the TSA, "TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers…TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer."

If you are traveling with marijuana and are referred to local law enforcement, they can pursue legal action that their discretion. If you are in Wyoming and are traveling with marijuana, you will likely be charged with a drug crime.

Defenses to Charges of Marijuana Possession

If you have been charged with possession of marijuana or possession with intent to distribute marijuana in Wyoming, you have defenses available. Your specific defense strategies will depend on the particular circumstances of your case and how much marijuana you were charged with possessing.

Possession of Marijuana

If you were charged with simple possession, common defenses include:

  • The drugs were not yours;
  • The search was illegal;
  • You were not in possession of marijuana;
  • Entrapment;
  • Lack of Miranda warnings.

Possession with Intent to Distribute

Possession of drugs with intent to distribute, also known as drug trafficking, is a much more serious crime. Law enforcement officers will look at the amount of marijuana in your possession and other circumstantial evidence to try to prove that you intended to sell drugs.

To defend against charges of drug trafficking, we can raise defenses such as:

  • Lack of possession
  • No intent to distribute
  • Legal defenses to suppress evidence

Just Criminal Law Protects Your One Shot at Justice

If you are facing criminal charges for possession of marijuana in Wyoming, contact Just Criminal Law today. Our team will conduct an independent investigation, challenge the evidence against you, and fight to protect your rights.

Learn why clients choose us and meet our team, then schedule your personalized case review and strategy session.

Just Criminal Law is based in Gillette, Wyoming, and proudly serves people in eastern Wyoming and Western South Dakota.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

Categories: Drug Charges, Marijuana